Canada's Government Secretly Suspended Afghan Detainee Handovers Last Fall

The minority Conservative government was under heavy fire from all of the opposition parties last year over reports of the alleged torture faced by some Afghan detainees who had been turned over to Afghan authorities. Anyone who followed those House of Commons debates during Question Period or the resulting media covergae will recall the standard talking point: The Taliban & al Qaeda lie about torture just to get attention - the same line used by Donald Rumsfeld when he was confronted about similar torture allegations.

You'd think that if the Conservatives actually had a real defence to those charges - something to back up their claim that they were investigating them - they would have presented it. Instead, they held their ground and defended the detainee transfer agreement that had been signed by General Rick Hillier in 2005 and then modified the agreement in an attempt to make Canadians believe that they were on top of the situation.

We now learn that the Conservative government secretly stopped the transfer of detainees to the Afghan government last November - in the midst of the entire mess. In other words, they've lied to all of us yet again.

OTTAWA–In a secret policy shift almost three months ago, the Canadian government stopped transferring Afghan prisoners to local authorities upon witnessing evidence of torture, according to a bombshell letter.

The revelation comes a year after the Conservative government ridiculed its opponents for raising torture allegations and Prime Minister Stephen Harper accused them of being pro-Taliban.

The abrupt shift was divulged in a letter submitted this week by federal lawyers to a pair of human rights organizations that have launched a case in Federal Court.

A prisoner told Canadian officials he'd been beaten unconscious, whipped with electrical cables, belted with a rubber hose, and he told the Canadians exactly where they could find the torture instruments.

After showing them a bruise, he led the Canadians to his prison cell where they discovered the hose and cable under a chair.

That Nov. 5 account is one of numerous allegations of torture included in government documents filed in advance of a Federal Court appearance Thursday. Another one describes electrocution.

Civil libertarians and opposition parties have warned that Canada could be violating the Geneva conventions by turning over captives to Afghan authorities with the knowledge they could be tortured.

Amnesty International and the B.C. Civil Liberties Association have sued Ottawa in an effort to block further transfers – and the resulting court documents are the only reason Canada's policy shift has come to light.

When Amnesty International pressed for details about the Nov. 5 incident, government lawyer J. Sanderson Graham sent the group a letter this week explaining what happened next.

Graham said Canadian authorities were informed of "a credible allegation of mistreatment " during that visit with prisoners in an Afghan detention facility.

"As a consequence, there have been no transfers of detainees to Afghan authorities since that date," said Graham's letter.

"The allegation is under investigation by the Afghan authorities. Canada will resume transferring detainees when it believes it can do so in accordance with its international legal obligations."

And this ought to be the final nail in this government's coffin after all of the ranting and raving they did last year against anyone who dared to bring up the torture allegations:

The Conservatives did not officially confirm the policy change, calling it an operational military matter that is the sole responsibility of the Canadian Forces.

"The government will not provide any comment on operational matters," said Harper spokeswoman Sandra Buckler.

Suddenly it's an "operational military matter"? Just how obtuse does this government think Canadians are? It wasn't an "operational military matter" when the Conservatives went out of their way day after day to try to reassure Canadians that the detainee agreement was being followed. (Remember when they said the Red Cross was checking in on those detainees, only to have to admit later that they were wrong when the Red Cross contradicted that so-called "fact".)

Just what else is this government lying about and, more importantly, how on earth can they continue to do so while peoples' lives are at risk? They were told repeatedly that allegations of torture resulting from Canadian soldiers handing over suspects to the Afghan government also put our soldiers at risk. If Harper and his worthless cabinet had actually been thinking, they would have realized that a public announcement regarding the suspension of the detainee handovers last fall could have helped to minimize that possibility. Instead, they said nothing - other than to continually insult anyone who brought up the concerns. Once again, they've backed themselves into a corner and Canadians are left to bear the brunt of what they have done as they further tarnish this country's reputation with their reckless disregard for human life.

How long will we allow this to go on? Are we supposed to trust these lying bastards to properly investigate what's happened?

A spring election can't come soon enough, as far as I'm concerned.

Related:

CBC News has more on files released to the BC Civil Liberties Association in this case outlining the torture allegations as a result of their FOIA request.

The British Columbia Civil Liberties Association says it obtained the heavily censored documents as part of its court case in conjunction with Amnesty International demanding that the Canadian military stop the transfer of prisoners.

The association said the documents, made available on its website on Monday, are an exchange between diplomatic and Foreign Affairs Department personnel who visited various facilities in Afghanistan.

The diplomatic communiqués — marked "secret" — disclose that Canadian officials were aware that the Afghan National Directorate of Security (NDS) engaged in forms of torture of prisoners after they were transferred into NDS custody, the rights group said.

The documents contain summaries of interviews with detainees, who report being whipped with cables, shocked with electricity and beaten unconscious while in Afghan custody. One detainee interviewed showed fresh welts on his body, then led Canadian investigators to discover a hidden electrical cable and rubber hose he said was used to strike him.

Dates and other key information on the documents have been blacked out, making it difficult to determine the time frame of the exchange. The Globe and Mail reported Tuesday that the reports were filed six months after the Canadian government put in place what it said was an improved transfer agreement with Afghan authorities to monitor detainee treatment.

Among the several prisoners who declined to give their names to Canadian officials, one who said he was beaten with electrical cables while blindfolded said he wanted to remain anonymous "as to avoid any possible repercussions," one of the documents said.

The documents also describe the sometimes poor record-keeping by Afghan authorities, as well as the difficulty Canadian officials encountered in trying to determine whether the detainee they were visiting at facilities was captured by Canadian forces, or was even the person they were seeking to interview.

The BC Civil Liberties Association has a pdf file of these documents on their site. I'll post updates on the court case as they come in.

Update: 78th Canadian soldier killed in Afghanistan
 

Harper Gov't Pulls a Fast One on the Afghan File

So, now that the Harper cronies have been caught with their political pants down on the Afghan detainee transfer file, they've decided that springing a new agreement the same morning as the legal case hits the courts is the appropriate way to deal with the situation?

OTTAWA — The Harper government has struck a new detainee transfer agreement with Afghanistan that includes stringent safeguards for follow-up monitoring to prevent torture and abuse that were previously absent, it was revealed in federal court today.

The new deal signed this morning in Kabul by Canada's new ambassador to Afghanistan, closes the gaping holes that rights groups claim existed in the original agreement signed by chief of defence staff Lieutenant-General Rick Hillier in Dec 2005.

The announcement stunned a packed federal court hearing in Ottawa where a call for an immediate halt to transfers was about to being when lawyers for the federal government brought the new agreement to court.

Federal Court Judge Michael Kelen told the court the deal was a major development that took the urgency out of deciding whether to block future transfers.

“It probably wouldn't have happened if this court hadn't been happening,” he said as he announced a postponement of proceedings.

Well, that's convenient, isn't it?

More via CP:

The new arrangement allows Canadian officials greater access to insurgents turned over to the Afghans by Canadian soldiers. Among its provisions is a guarantee that captured fighters can be interviewed in private without the intimidating presence of their Afghan jailers.

The government negotiated the deal despite insisting that the allegations of torture are false. The Conservatives hope it will put an end to two weeks of bad press over their confusing and contradictory statements on the detainee issue.

"What we have done is enhance the 2005 agreement - that is exactly what people were calling for," said Foreign Affairs Minister Peter MacKay.

But Amnesty International, which launched the Federal Court challenge on behalf of detainees, said the new deal isn't good enough.

"Canada is still not complying with its international obligations," said spokesman Alex Neve.

"This agreement does not sufficiently protect people from the risk of torture after being transferred and that's the bottom line."

Human rights groups note that prisoners often don't admit to having been tortured - especially when they're still in jail - out of fear of more torture.

The only solution, Neve said, is for Canada or NATO to establish a detention facility where Afghan guards can be properly trained to respect human rights.

The Federal Court case has been put on hold pending further examination of the transfer agreement.
[...]
Prime Minister Stephen Harper said the new deal merely formalizes commitments the government already has from the Afghans.

"We have access (to prisons) and can get information whenever we want it," he said in Vancouver.

He also repeated that the allegations of torture are "unsubstantiated" - but there has been no investigation into the claims.

They still don't get it.

And round and round it goes:

The agreement comes despite the fact that Harper has assured the House of Commons that the old deal was working well.

The Conservative government has also insisted that allegations of abuse are false even though no investigation has been conducted.

Since allegations surfaced that at least 30 detainees - captured by Canadians and turned over to Afghan authorities - might have been abused, the Conservatives have offered varying explanations.

After days of denying knowledge of any "specific" allegations of torture, Public Safety Minister Stockwell Day revealed Monday that Canadian correctional officers in Kandahar had indeed reported torture claims by two detainees.

Despite that admission, the government's submission in the Federal Court hearing states that: "Canadian officials have not received any notification of mistreatment or torture of detainees transferred from Canada to Afghan authorities."

Amnesty lawyers asked for a copy of the written report submitted by the officers, but was denied on the grounds that it violated national security.

And the kicker?

The government submission also reveals that the Canadian Forces have two procedures for handling Afghan detainees, including one that does not involve any oversight by human rights groups.

The documents show that Canadian troops are authorized to hand some detainees directly to Afghan authorities, rather than take them prisoner. That would appear to circumvent rules that require Canadian soldiers to notify human rights monitors when they detain Afghan militants.

You'd think that the judge in this case, armed with that knowledge, would have granted the injunction to temporarily halt the transfer of detainees.

The more that's revealed about this file, the murkier it gets.

Related: Liberal party statement on the latest tory maneuverings.
The NDP declares O'Connor is Unfit for Duty
The Galloping Beaver has a post about General Rick Hillier's political grandstanding.
The BC Civil Liberties Association site.
Amnesty International Canada
Human Rights Watch Afghanistan page. Are we going the way of the US military with these cases?
 

CDN Defence Department Tries to Block Detainee Investigation

Why is our defence minister now trying to block an investigation into the fate of detainees who've come forward to say they were tortured after being handed over to Afghan officials by the Canadian military in Afghanistan?

The answer's in that question, obviously.

Via the CP:

OTTAWA (CP) - The Defence Department says it may go to court to block a military watchdog from investigating a complaint about Canada's handling of prisoners in Afghanistan.

If it goes to court, lawyers might still be arguing long after Canadian soldiers have left Afghanistan.

The move could lead to a court showdown between the department and the Military Police Complaints Commission, or it could prompt the commission to take its investigation into the open with formal public hearings.

The department questions the jurisdiction of the commission to look into the complaint filed last month by Amnesty International Canada and the British Columbia Civil Liberties Association.

The rights groups said Canadian military police handed prisoners over to Afghan authorities, even though they should have known that Afghan police and the security directorate "routinely torture prisoners." They cited 18 specific cases of individuals who were turned over to the Afghan system.

The department, however, argues that there's no evidence that any prisoner handed over by Canadians was ever tortured.

Isn't that for the commission to determine?

Stan Blythe, chief of staff to the commission, said the government's letter was unusual.

"They've essentially asked this commission to explain their intentions ... and that seems like a very unusual thing to ask a tribunal to do. We are, after all, an independent tribunal with a statutory jurisdiction."

The commission was also counting on the department for help in obtaining documents and witnesses. If the department goes to Federal Court, that kind of co-operation is unlikely.

However, Tinsley has the option of calling public hearings. He decided against hearings initially, but could change his mind.

"If there is a lack of co-operation ... that's a factor which could lead the chair to reconsider and call a public hearing," said Blythe.

Good. Make it public.

The defence department is obviously just trying to block the complaints filed by Amnesty International and the BC Civil Liberties Association with the heavy-handed tactic of endless litigation. What is O'Connor so afraid of? Most likely that there my be some actual truth to the allegations especially since the agreement Hillier signed with the Afghan government was not legally binding and did not offer any oversight from anyone as to the fate of the transferred detainees.

This is supposed to be the government of accountability. We all know what a farce that mantra has been to this point and now we have even more proof of that.
 

Hillier: 'No Regrets' About Detainee Agreement

"No regrets". That's what General Rick Hillier told the press about the agreement he signed back in December, 2005 with the Afghanistan government that was supposed to offer protection for detainees Canadian soldiers transfer to Afghan authorities.

“We think the agreement was pretty solid,” Gen. Hillier said. “We perhaps have improved it with this latest initiative, which really formalizes something which was informal and if we see opportunity to do better ahead we will.”

No regrets? "Pretty solid"?

That 2005 agreement offered no oversight by the ICRC and there have been numerous complaints of alleged abuse since then that are only now being investigated. The agreement wasn't even legally binding.

When Amnesty International and the BC Civil Liberties Association recently called for a judicial review of the treatment of detainees who were transferred, they also noted:

The Chief of the Defence Staff, General Hillier has also refused to allow these detainees access to legal counsel before being transferred to the Afghanistan authorities. Amnesty International and the British Columbia Civil Liberties Association state that this is also contrary to the right of individuals detained by Canadian Forces to retain and instruct legal counsel without delay under section 10(b) of the Canadian Charter of Rights and Freedoms.

Yet Hillier has "no regrets"? Maybe that's because he's getting a free ride without being held accountable for his failed decisions.

Related:
Hillier is Insulted
Canadian Military Secretly Signs Agreement with Afghan Human Rights Watchdog
3 Afghanistan Detainees Have Disappeared
O'Connor's Damage Control Trip to Afghanistan